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Terms of Use: Fit 4 Kids operates this Website to provide access to information with regard to Fit 4 Kids and the products and services we provide. By accessing and using this Website, you agree to each of the terms and conditions set forth herein. Additional terms and conditions applicable to specific areas of this Website, are , together with these Terms of Use, govern your use of those areas, content, and transactions. Fit 4 Kids reserves the right to modify this Agreement at any time without any prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Use of Website: You may use the Fit 4 Kids Website, and the information, writings, images and/or other works that you see, hear, or otherwise experience on this Website, for your sole non-commercial, personal purposes. No right, title or interest in any content is transferred to you, whether as a result of downloading such Content nor any other exchange. Copyright: The Website and the Content are protected by U.S. and/or foreign copyright laws/treaties, and belong to Fit 4 Kids or its partners and affiliates. The copyrights in the Content are owned by Fit 4 Kids or other copyright owners who have authorized their use on the Fit 4 Kids Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are viewing this Website as an employee or member of any organization or business, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Fit 4 Kids. You may not manipulate or alter in any way the images or other Content on the Fit 4 Kids Website. Disclaimer of Warranties: FIT 4 KIDS MAKES NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE, OR THE CONTENT. FIT 4 KIDS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT FURNISHED OR TO BE FURNISHED THROUGH THE WEBSITE. FIT 4 KIDS DOES NOT WARRANTY THE FUNCTIONS OF THE WEBSITE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS. Limitation of Liability: IN NO EVENT WILL FIT 4 KIDS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSQUENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF: (1) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (4) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, AND REFRAIN FROM CONDUCTING TRANSACTIONS THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FIT 4 KIDS' LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTEND ALLOWED BY LAW. Indemnification: You understand and agree that you are personally and solely responsible for your behavior on the Website. You agree to indemnify, defend, and hold harmless Fit 4 Kids, partners and affiliates, and any third party information providers to the Website, its service and products, against all claims, losses, expenses, damages, and costs (Including but not limited to: direct, incidental, consequential, exemplary and indirect damages), and reasonable attorney's fees, resulting from or arising out of your use, misuse, or inability to use the Website, its Service, or Content, or any violation by you, of this agreement. User Provided Information: If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not negate any other provision of this Agreement, of which all will remain in full force and effect. Any and all disputes relating to this Agreement, Fit 4 Kids' Services and Products, your use of this Website, or the Content of the Website, will be interpreted in accordance with the laws of the State of Illinois, without regard to any conflict of laws provisions. Product Purchase Terms and Conditions: These terms and conditions govern your use of the Fit 4 Kids Store. By placing an order through the Fit 4 Kids Website Store, you express your understanding and agreement that you are bound by these Terms and Conditions, in addition to the Website Terms. If you are unwilling to be bound by these Terms and Conditions and the Fit 4 Kids Website Terms, you may not use the Fit 4 Kids Store. Order Validation and Acceptance: When you place an order through the Fit 4 Kids Website Store, we may verify your method of payment and shipping address, before we process your order. Your placement of an order through the Fit 4 Kids Website Store, is an offer to purchase our products or services. Fit 4 Kids may accept your order by processing your payment and shipping the product or service to you. Fit 4 Kids may decline to accept your order or any part of your order. If we decline to accept your order, we will attempt to notify you using the email address you provided with your order. Quantity Limitations: Fit 4 Kids may limit or cancel quantities available for purchase on any order, on any basis, and at any time. Fit 4 Kids may alter the availability or duration of any special offers at any time. Fit 4 Kids may reject any order, or any part of any order. Electronic Communication: When you place an order through the Fit 4 Kids Website Store, you are required to provide a valid email address, which we may use to communicate with you with regard to your order status. You agree that Fit 4 Kids will not be responsible for damage you incur, or information you do not receive, as a result of your failure to provide a valid email address. Product Display: Fit 4 Kids attempts to display as accurately as possible the colors of the products shown on the Website. However, because colors you see will depend on many factors, including your monitor or printer, Fit 4 Kids cannot guarantee that the color you see matches exactly to the product color. Pricing and Product Information: Information relating to Fit 4 Kids' products and services is subject to change without notice. Prices are subject to change at any time prior to Fit 4 Kids' acceptance of your order. In the event we discover a material error in the description or availability of a product or service that affects your outstanding order with Fit 4 Kids, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Fit 4 Kids will issue a credit to your credit card in the amount of the charge. Security and Privacy: The Fit 4 Kids Website Store follows the industry standard, Secure Sockets Layer Protocol, "SSL," for the transfer of data over the internet. Payment and Shipment: Fit 4 Kids utilizes the PayPal Merchant Gateway. Fit 4 Kids is not responsible for errors as a result of your interaction with PayPal. All payment methods accepted by PayPal will be deemed valid for purchasing products at the Fit 4 Kids Website Store. Fit 4 Kids will not honor requests for credits if an item's price is lowered temporarily for a sale or other special limited-time offer. Shipping and Handling: Shipping and handling charges will be added to the cost of your order. Products purchased will be shipped on a first come first, serve basis. Sales Tax: Fit 4 Kids collects and remits sales tax as required by law on purchases made through the Fit 4 Kids Website Store. If you have tax-exempt status, you must provide a valid tax exemption number evidencing your status at the time of your purchase. Fit 4 Kids will not refund tax amounts collected in the event a valid number is not provided. If you provide a number that is not accepted for any reason, by any regulatory authority, and Fit 4 Kids is required to pay tax on your purchase, you will reimburse Fit 4 Kids for the amount of such tax, and any reasonable expenses incurred by Fit 4 Kids, in connection with the payment and collection of such taxes. Return Policy: All products shipped by Fit 4 Kids are inspected multiple times prior to shipment. In the event a product reaches you in a defective state, you may return that product to Fit 4 Kids. "Defective" is defined as a shortcoming in a part essential to the product's safe operation. If you received the wrong product, or a product that is defective, you may contact Fit 4 Kids to obtain return instructions, or to obtain replacement parts. All defective products must be returned no longer than 5 business days from the time of receipt by the customer. If you fail to contact Fit 4 Kids within 5 business days or receiving your product, Fit 4 Kids will consider exchange of products on a case by case basis.
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